Donald Trump’s comments on “Meet the Press” Sunday could hurt his defense in the federal 2020 election subversion case brought by special counsel Jack Smith, according to a former prosecutor.
In the interview, Trump said that he “didn’t respect” the attorneys telling him he lost the election, and that it was his decision to go forward with the idea that the 2020 election was stolen.
Gene Rossi, a former Assistant U.S. Attorney for the Eastern District of Virginia, told CNN Monday that Trump’s comments could undermine his reliance on counsel defense.
“When you are putting forth a reliance on counsel defense, whether it’s a criminal tax case or statute that involves willfulness, and you’re talking to your lawyers about whether a statute applies to you or whether your conduct is appropriate, you can rely on counsel,” Rossi said. “And that is an excellent defense in front of a jury. At least could get one juror to say not guilty.”
But Trump’s comments suggest that he was not relying on his attorneys’ advice, but was instead “forum-shopping” for an attorney who would agree with his view of the election.
“In other words,” Rossi said, “Trump was trying to find the attorney that would agree with his perverted view of the Big Lie, and you had Attorney General Barr said no fraud. You had Rosen, the acting A.G., no fraud. Donohue, the deputy Attorney General, all these brilliant guys saying there’s nothing there, Mr. President. And he was looking for — I hate to say it, he was looking for the sycophant, Jeffrey Clark, who desperately wanted to be acting Attorney General in the last 10 days of the administration.”
Rossi’s analysis suggests that Trump’s comments on “Meet the Press” could be damaging to his defense in the criminal case against him.
